State registration of divorce is entrusted to the civil registry office and local self-government bodies vested with powers for state registration of civil status acts (hereinafter referred to as registration authorities, RO). However, if certain conditions are met, you can apply for divorce through the MFC.
In this case, the registration action will also be carried out by the RO, and the submission of documents will be done through the center, which in this document flow scheme will act as an intermediary between the applicants and the RO. The review describes how to correctly submit documents to the MFC and what features of this procedure should be taken into account.
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Is it possible to apply for divorce through the MFC?
The ability to file a divorce through the MFC is provided for by the legislation on civil status acts. To do this, two conditions must be met simultaneously:
- the spouses are united in their intention to divorce;
- they have no minor children together.
The application can be submitted by spouses:
- directly to RO;
- through the State Services portal;
- through MFC.
To find out whether you can file an application for divorce at the MFC, you need to call the center at the contact number and find out whether this service is provided.
You can determine the number of the nearest MFC using the main page of the site.
At the same time, it would be useful to find out what territory the institution serves, what documents are required, and whether it is possible to fill out an application at the MFC with the help of a specialist.
How to file for divorce through the MFC without a husband or wife
Unilateral divorce through the MFC is theoretically possible in other cases:
- one of the spouses is incompetent, missing or sentenced to imprisonment for more than 3 years;
- There is a court decision on divorce.
At the same time, filing an application for divorce through the MFC unilaterally, in contrast to the option with the mutual consent of spouses who do not have minor children, is not prescribed in the law for these cases. But this does not mean that it is impossible to divorce a husband or wife at the request of one of the spouses or by a court decision through a multifunctional center.
To find out about the possibility of filing for divorce through the MFC without a husband or wife, as well as by a court decision, you should call the contact number of the institution and find out whether such applications are accepted at the center.
If accepted, then at the same time it makes sense to clarify what documents must be attached to the application, whether the latter can be processed directly at the center through a specialist, and whether the applicants fall within the MFC service area.
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If there is a dispute between parents about the place of residence of the child, then this issue is resolved in court.
The main factors influencing the court decision:
- the child’s opinion about which parent he wants to stay with after the divorce
- the desire of the parents themselves to raise the child
- physical and mental health of parents
- parents' financial capabilities
The division of property can be carried out amicably and in court, regardless of the method of dissolution of the marriage relationship. In an amicable settlement, the spouses draw up an appropriate agreement and independently decide what kind of property is transferred to each of the spouses.
In the case of litigation, the plaintiff asserts his claims in relation to specific property, but the decision to satisfy or not satisfy the claims is made only by the court.
Divorce is a legal process in which both spouses are parties. There are no difficulties in this process, except in cases where there is a real war between spouses over property or children. In such circumstances, I recommend contacting a family lawyer or lawyer.
General procedure:
- Preparation and collection of necessary documents.
- Drawing up a claim and substantiating claims.
- Payment of state duty.
- Printout of the claim with attachments according to the number of participants in the process.
- Submitting documents to the court.
- Participation in legal proceedings.
- Receiving a court decision.
- Payment of state duty at the registry office.
- Obtaining a divorce certificate.
The duration of the divorce process varies from several months, if the spouses have no disagreements regarding common property and children, to six months. In case of applying to the registry office, the period is the same - 1 month from the date of application.
The application is submitted to the magistrate and district court at the place of registration or residence of the defendant. The exception is the presence of a minor child and the filing of demands to determine his place of residence; in these circumstances, the claim is filed at the place of registration or residence of the plaintiff.
A claim is filed in the magistrate's court when:
- Absence of minor dependents - natural and (or) adopted children;
- The presence of minor children, but with the consent of the spouses to divorce and there is no dispute about the fate of the common property;
- Division of property of spouses, if its total value does not exceed 50,000 rubles;
- Expressed disagreement of the second spouse to divorce, but in the absence of minor children.
In all other cases, the application is considered by the district court.
The amount of the state duty is established by Art. 333.19 of the Tax Code of the Russian Federation and amounts to 600 rubles. It is necessary to take into account that for issuing a certificate of divorce you will need to pay an additional fee at the registry office.
When filing a claim for divorce with division of property, the fee is calculated according to the rules of clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation, it varies from 400 rubles to 1 million.
The fee is paid by the plaintiff. Both spouses pay for the issuance of the certificate.
Details for paying the fee can be obtained from the court district or on the State Services portal, where the general database of judicial districts is located.
The procedure for divorce in the MFC
You need to file for divorce at the MFC as follows:
- Make an appointment by phone or online, choosing a convenient day and time. You don’t have to do this, but come to the MFC with documents, take a coupon and wait in the “live” queue.
- Collect the documents necessary to register the divorce.
- Pay the state fee.
- At the appointed time for your appointment, come to the MFC and submit documents.
- Get a receipt indicating when and where to come for the divorce certificate.
If an MFC specialist can formulate an application himself, then it would be right to use his help. If this is not possible, then you need to do it yourself, in the process of preparing documents. Application forms and rules for filling them out are regulated by Order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201. It provides several options for applications for divorce:
- Form 9 (by mutual agreement, filled out jointly by spouses);
- Form 10 (by mutual agreement, filled out by the spouse who cannot personally participate in submitting the general application);
- Form 11 (at the initiative of one of the spouses);
- Form 12 (by court decision).
When filling out the application yourself, you should be careful, since errors can lead to suspension or refusal to register the divorce.
What documents are needed for divorce
The minimum package of documents when filing an application for divorce through the MFC, according to clause 29 of the administrative regulations (AR), approved by Order of the Ministry of Justice of the Russian Federation dated December 28, 2018 No. 307, includes:
- applicant's passport;
- marriage certificate;
- application for divorce;
- receipt of payment of state duty.
If the divorce occurs at the initiative of one of the spouses, then a copy of the court decision declaring the other spouse incompetent or missing or sentencing him to imprisonment for more than 3 years is additionally submitted. If there is a court decision on divorce, then an extract from it is submitted.
Obtaining a divorce certificate
After receiving the documents, the MFC transfers them to the RO, which carries out registration actions and issues divorce certificates. They are issued to each of the divorced spouses, and you can get them by coming to the registration authority on the day specified in the receipt, and not forgetting to take your passport and marriage certificate with you. The latter is not required if the divorce is registered by the same body where the marriage was registered.
How to make an application
Either both spouses or one of them can fill out the form. The full name of the applicant(s) is written in the upper right corner, and the name of the registry office office where the divorce will be filed (at the place of residence of one of the spouses) is also indicated there.
To fill out this form, it is necessary to have a court decision; the name of the court and the date of the decision are indicated in the application under its heading.
Next, fill in information about the husband and wife:
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- Last name, first name, patronymic in full;
- Date of Birth;
- Place of Birth;
- Citizenship;
- Location;
- Passport details;
- Details of the marriage registration document.
After a divorce, each spouse can keep their last name or return their former name before marriage. The surname that applicants wish to have after divorce should be indicated at the bottom of Form 10.
Each applicant signs the form and is dated. A copy of the court decision is attached to the application, after which the document is submitted to the specified registry office. If the application is submitted by one of the spouses, then the signature of the second spouse must be notarized.
The document can be filled out manually, you can enter data on a computer, and then print it. The main thing is that the text of the application should be located on one A4 sheet.
Features of divorce with children
Divorce through the MFC with children has its own characteristics that must be taken into account:
- the husband does not have the right to initiate a divorce if his wife is pregnant or their child is under one year old;
- Divorce of spouses who have minor children together can only occur by court decision.
In the first case, there is no point in filing an application, since refusal is guaranteed. In the second, the decision on divorce is made by the court, and an extract from this decision must be attached to the application.
Unilateral divorce
The application indicates the grounds for divorce. To confirm the grounds, you must attach relevant documents. To submit an application to the registry office, the required documents are a passport and the original marriage certificate. The application, marriage certificate and additional documents remain with the registry office. The passport is returned to the owner. If you do not have the original marriage certificate, you should obtain a duplicate and then file for divorce.
Let's consider the required package of documents for each application form:
- passport
- Marriage certificate
- original check or receipt for payment of duty
If one of the spouses is unable to appear in person at the registry office, he submits an application in Form No. 10. The applicant’s signature must be certified by a notary.
When one of the spouses is serving a sentence, the signature on the application is certified by the head of the correctional institution (clause 3 of Article 33 of Federal Law No. 143-FZ).
- passport
- Marriage certificate
- court decision (or extract from it) - copy
- original check or receipt for payment of state duty
The right to divorce without the consent of the second spouse must be confirmed by a court decision that has entered into legal force.
The incarcerated spouse and the incapacitated spouse's guardian must be given at least 30 days' notice of filing for divorce.
- passport
- Marriage certificate
- a copy of the divorce decree (or an extract from it)
- original check or receipt for payment of state duty
A court decision with a court mark on entry into legal force.
- Decide on the application form, place and method of submitting the application
The choice of application form depends on your situation, and the choice of place and method of application depends on your desires and capabilities.
Divorce documents can be submitted in person at the civil registry office at the place of residence or at the place of marriage, or at the MFC. You can send documents electronically through State Services.
- Collect the documents listed above for each application form.
In cases where any document is missing, incorrectly executed or certified, you will be denied acceptance of documents.
- Payment of state duty for divorce
The amount of state duty is regulated by the Tax Code of the Russian Federation, Article 333.26:
- for state registration of divorce and issuance of certificates - 650 rubles. from each
- in cases where one of the spouses is missing, incapacitated or sentenced to more than three years - 350 rubles
Check the details on the website of the registry office. The original copy of the fee payment is attached to the application.
- Obtaining a divorce certificate
After a month, the marriage is dissolved and a divorce document is issued. If the application was submitted in Form No. 11, the presence of the applicant is mandatory. With the consent of the spouses, the presence of one of them is allowed.
Registration deadlines
The timing of registration through the MFC depends on the circumstances surrounding the divorce. If the procedure is carried out:
- by mutual agreement;
- on the initiative of one of the spouses on the basis of recognition of the other spouse as missing, incompetent or sentenced to imprisonment for more than 3 years,
then one month ; this period is established by clause 15 of the AR. State registration of a divorce by court decision is carried out on the day the application is submitted (clause 11 of the AR).
Reasons for refusal to accept documents
Clause 40 of the AR states that there are no grounds for refusing to accept documents for receiving government services. However, clause 41 of the AR provides grounds for suspension, and clause 42 of the AR provides reasons for refusing state registration of divorce. The most common reasons:
- non-compliance of documents submitted for registration of divorce with the requirements of 143-FZ and other regulations;
- the presence of an unresolved dispute between the applicants in accordance with the established procedure.
It follows from this that the MFC may accept documents, but this will not mean that the divorce will be registered automatically. Instead of being invited to the RO for a divorce certificate, applicants may receive a notice of suspension or refusal. Therefore, if an MFC specialist draws attention to problems in the submitted documents, then the correct thing to do would be not to insist on accepting them, but to take them with him in order to bring them into compliance with the established requirements.
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Sample application for divorce to the registry office 2021
The application form can be obtained directly from the civil registry office; as a rule, samples of filling out the form are also provided there. However, it would be a good idea to familiarize yourself with them in advance in order to avoid mistakes when filling them out, so we also suggest that you download and familiarize yourself with sample application forms for divorce:
If you have any questions about how to fill out the form, ask our lawyer via chat or call the hotline and get free legal advice.
